Explanation: Capitals indicate matter added to existing law.
[Brackets] indicate matter deleted from existing law.
* Warning: This is an unofficial, introductory copy of the bill.
The official copy considered by the City Council is the first reader copy.
Introductory*
City of Baltimore
Council Bill
Introduced by: Councilmember Scott
A Bill Entitled
An Ordinance concerning
title
Food Service Facilities - On-Premise Postings - Inspection Reports and Suspension Notices
For the purpose of requiring certain inspection reports to be posted and maintained on a food service facility’s premises; requiring the maintenance of posted suspension notices; defining certain terms; imposing certain civil penalties; and generally relating to the regulation of food service facilities.
body
By repealing and reordaining, with amendments
Article - Health
Sections 6-104 and 6-606
Baltimore City Revised Code
(Edition 2000)
By repealing and reordaining, without amendments
Article - Health
Section 6-801
Baltimore City Revised Code
(Edition 2000)
By repealing and reordaining, with amendments
Article 1. Mayor, City Council, and Municipal Agencies
Section 40-14(e)(7)(Title 6)
Baltimore City Code
(Edition 2000)
Section 1. Be it ordained by the Mayor and City Council of Baltimore, That the Laws of Baltimore City read as follows:
Baltimore City Revised Code
Article - Health
Title 6. Food Service Facilities
Subtitle 1. Definitions; General Provisions
§ 6-104. Inspections; samples.
(a) Inspections - General authorization.
The Commissioner, all other officers of the Department, and any inspector or police officer authorized by the Commissioner may, at all reasonable hours, enter, have full access to, and inspect:
(1) any structure, premises, or vehicle in which food is or is believed to be prepared, manufactured, processed, stored, packaged, handled, or distributed; and
(2) any railroad car, truck, wagon, or other vehicle that is or is believed to be used for the conveyance or delivery of food.
(b) Inspections - Posting report on facility premises.
(1) “Inspection report” defined.
In this subsection, “inspection report” means the Department’s report of a comprehensive or monitoring inspection, as these types of inspection are described in COMAR 10.15.03.30A(1) and (2), respectively.
(2) Facility to post report.
A food service facility must post a public copy of its most recent inspection report throughout the period beginning with the 1st business day after that report’s receipt until the receipt of any later inspection report.
(3) Form and placement.
The posted inspection report must be:
(i) in the form and tenor that the Commissioner specifies; and
(ii) conspicuously placed, as directed by the Commissioner, so that it is visible to and can be read by passing pedestrians.
(4) Maintenance.
The food service facility:
(i) must ensure that the posted inspection report is not defaced, marred, camouflaged, or obscured from public view; and
(ii) may not refuse, neglect, or otherwise fail to maintain the posted inspection report as required by this subsection.
(c) [(b)] Samples.
During any inspection, the Commissioner, officer, inspector, or police officer may take food samples of up to 1 pound of each item for inspection, testing, or analysis.
Subtitle 6. Suspensions and Revocations
§ 6-606. Public notices.
(a) Suspensions - Posting [of] notice on facility premises.
(1) Facility to post notice.
A food service facility that has had its license suspended must post a public notice of the suspension throughout the suspension period.
(2) Form, contents, and placement.
The posted suspension notice must:
(i) [(ii)] be in the form and tenor that the Commissioner specifies; [and]
(ii) [(i)] state the term of and reasons for the suspension; and
(iii) be conspicuously placed, as directed by the Commissioner, so that it is visible to and can be read by passing pedestrians.
(3) Maintenance.
The food service facility:
(i) must ensure that the posted suspension notice is not defaced, marred, camouflaged, or obscured from public view; and
(ii) may not refuse, neglect, or otherwise fail to maintain the posted suspension notice as required by this subsection.
(b) [(c)] Suspensions, revocations, and nonrenewals - Website listing.
(1) Commissioner to maintain listing.
The Commissioner must maintain, update at least weekly, and publish on the Department’s website a list of all food service facilities that, at any time during the preceding calendar month or during the current calendar month to the latest update, have had their licenses suspended, revoked, or denied renewal.
(2) Required information.
The listing must include:
(i) the name (including trade name) and address of the facility;
(ii) the effective date and term of the suspension, revocation, or nonrenewal; and
(iii) the reasons for the suspension, revocation, or nonrenewal.
(c) [(b)] Suspensions, revocations, and nonrenewals - Timely notice through social media.
(1) Commissioner to provide notice.
Promptly after a food service facility has had its license suspended, revoked, or denied renewal, the Commissioner must provide, through 2 or more social media outlets, public notice of the suspension, revocation, or nonrenewal.
(2) Required information.
The notice must include the same information as that required by subsection [(c)(2)] (b)(2) of this section for a website listing.
Subtitle 8. Penalties
§ 6-801. Enforcement by citation.
(a) In general.
In addition to any other civil or criminal remedy or enforcement procedure, this title may be enforced by issuance of an environmental citation as authorized by City Code Article 1, Subtitle 40 {“Environmental Control Board”}.
(b) Process not exclusive.
The issuance of an environmental citation to enforce this title does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law.
Baltimore City Code
Article 1. Mayor, City Council, and Municipal Agencies
Subtitle 40. Environmental Control Board
§ 40-14. Violations to which subtitle applies.
(e) Provisions and penalties enumerated.
(7) Health Code
. . .
Title 6: Food Service Facilities
Subtitle 1: Definitions; General Provisions
§ 6-104(b). Posting {inspection} report on facility premises $300
Subtitle 2: License Required
§ 6-201. In general $300
Subtitle 5: Miscellaneous Regulations
§ 6-506. Litter and rubbish prohibited $200
Subtitle 6: Suspensions and Revocations
§ 6-606(a). Posting {suspension} notice on facility premises $500
All other provisions $100
. . . .
Section 2. And be it further ordained, That the catchlines contained in this Ordinance are not law and may not be considered to have been enacted as a part of this or any prior Ordinance.
Section 3. And be it further ordained, That this Ordinance takes effect on the 30th day after the date it is enacted.